Annex 8-A: Schedules of Specific Commitments Part II: Schedule …fta.mofcom.gov.cn/chiletwo/xieyi/fujian8_A_02_en.pdf · iii. Original ethnic groups Nothing in this Schedule may

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Annex 8-A: Schedules of Specific Commitments

Part II: Schedule of Chile

Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of

natural persons

Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons

Sector or subsector Limitations on market access Limitations on national treatment Additional

commitments

I. HORIZONTAL COMMITMENTS

ALL SECTORS INCLUDED IN THIS

SCHEDULE

i. Payments and transfers

1), 2), 3) and 4). Unbound, with respect to the measures adopted or to be adopted by the Central bank of

Chile in conformity with its Constitutional Organic Law (“Ley Orgánica Constitucional del Banco Central

de Chile, Ley 18.840”) or other legislation, in order to ensure currency stability and the normal operation of

domestic and foreign payments. For this purpose, the Central Bank of Chile is empowered to regulate the

supply of money and credit in circulation and international credit and foreign exchange operations. The

Central Bank of Chile is empowered as well to issue regulations governing monetary, credit, financial, and

foreign exchange matters. Such measures include, inter alia, the establishment of restrictions or limitations

on current payments and transfers (capital movements) to or from Chile, as well as transactions related to

them, such as requiring that deposits, investments or credits from or to a foreign country, be subject to a

reserve requirement (“encaje”).

ii. Decree Law 600 (“Decreto Ley 600”) 1

Decree Law 600 (1974), the Foreign Investment Statute, is a voluntary and special investment regime. As an alternative to the common regime for the entry of capital into Chile, potential investors may apply to

1 Repealed by Law No. 20.848, published in the Official Gazette on June 25th, 2015, which entered into force January 21st, 2016. Article Second of the Transitory

Provisions establishes that foreign investors could request foreign investment authorisations up to a maximum period of four years since its entrance into force.

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the Foreign Investment Committee to be subject to the regime set out in Decree Law 600.

The obligations and commitments contained in the Trade in Services Chapter and in this Annex do not

apply to Decree Law 600, Foreign Investment Statute, Law 18.657 Foreign Capital Investment Funds Law,

to the continuation or prompt renewal of such laws, to amendments to those laws or to any special and / or

voluntary investment regime that may be adopted in the future by Chile.

For greater certainty, it is understood that the Foreign Investment Committee of Chile has the right to reject

applications to invest through Decree Law 600 and Law 18.657. Additionally, the Foreign Investment

Committee has the right to regulate the terms and conditions of foreign investment under the

aforementioned Decree Law 600 and Law 18.657.

iii. Original ethnic groups

Nothing in this Schedule may be understood as limiting the right to adopt measures establishing rights or

preferences to original ethnic groups.

iv. Commercial Presence (mode 3)

This Schedule applies only to the following types of commercial presence for foreign investors: sociedades

anónimas abiertas y cerradas (public corporations open or closed), sociedades de responsabilidad limitada

(private-limited companies), and agencias de sociedades extranjeras (subsidiaries).

Real estate acquisitions and the performance of other legal acts in border areas must comply with the

provisions of the relevant legislation, which is unbound for the purposes of this Schedule. The border area is

defined as land situated within a distance of 10 km from the border and up to 5 km from the coast and the

province of Arica.

v. Movement of natural persons (mode 4)

Unbound, except for those measures affecting temporary entry and stay of natural persons, according to the

following categories indicated below, according to the conditions established herein.

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Natural persons who enter Chilean territory, under these commitments, in any of the established categories,

shall be subject to migration, labour and social security laws.

A minimum of 85 per cent of employees who work for the same employer shall be Chilean natural persons

or foreigners with more than five years of residence in Chile. This rule applies to employers with more than

25 employees under a contract of employment (contrato de trabajo). Expert technical personnel shall not

be subject to this provision, as determined by the Directorate of Labour (Dirección del Trabajo).

A. Business visitor:

Business visitor means a natural person who is seeking temporary entry to the territory of Chile for the

purpose of attending meetings, undertaking business consultations concerning the establishment ,

expansion or winding up of an enterprise or investment in Chile, engaging in consultations with business

colleagues, or participating in negotiations related to the future supply of services.

The entry shall be permitted, provided the business visitor‟s place of business, actual place of remuneration

and predominant place of accrual of profits remain outside Chile and he/she does not provide services to

the general public.

Length of stay for a period of up to 90 days, which may be extended.

B. Intra-Corporate Transferee

Intra-Corporate Transferee means a natural person of China employed by an enterprise who seeks to

render services to that enterprise‟s parent entity or a subsidiary or affiliate thereof, as an Executive,

Manager, Specialist or Management Trainee on Professional Development.

A confirmation can be required that the business person had been employed by the enterprise

uninterruptedly for one year, within the three years immediately before the date on which the application

was filed.

Executive means a business person within an organization who primarily directs the management of the

organization, exercises wide latitude in decision-making, and receives only general supervision or direction

from higher level executives, the board of directors, or stockholders of the business.

Manager means a business person within an organization who primarily directs the organization or a

department or sub-division of the organisation, supervises and controls the work of other supervisory,

professional or managerial employees, has the authority to recruit and dismiss or take other personnel

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actions such as promotion or leave authorisation, and exercises discretionary authority over day-to-day

operations.

Specialist means a business person who possesses specialised knowledge of the company‟s products or

services and its application in international markets, or an advanced level of expertise or knowledge of the

company‟s processes and procedures. A Specialist may include, but is not limited to, professionals.

Management trainee on professional development means an employee with a post-secondary degree

who is on a temporary work assignment intended to broaden that employee‟s knowledge of and experience

in a company in preparation for a senior leadership position within the company.

Intra-Corporate Transferees who enter Chile shall be deemed to be engaged in activities which are in

Chile‟s interest.

Length of stay for a period of up to one year which may be extended on a reciprocity basis, provided the

conditions on which it is based remain in effect, without requiring that business person to apply for

permanent residence.

The length of stay for family dependents, including extensions, shall be the same as that of the business

person they are accompanying.

Intra-Corporate Transferees and their family dependents may freely enter and leave Chile without having to

apply for separate re-entry permissions for the duration of their visas, on the basis of reciprocity.

A family dependent (spouse, parent or offspring) of an Intra-Corporate Transferee will be granted a visa as

a dependent, but will not be allowed to undertake remunerated activities. Nevertheless, a family dependent

may be permitted to perform a remunerated activity in Chile, upon a separate application under this

Agreement or the general immigration rules, for their own visa as non-dependent. The application can be

submitted and processed in Chile.

C. Independent Professionals and Technicians Independent Professional and Technician means a business person engaged in a specialty occupation

who:

(a) has theoretical and practical application of a body of specialised knowledge;

(b) has attainment of a post-secondary degree, requiring four or more years of study for Professionals and

two or more years of study for Technicians, or the equivalent of such degree or technical qualification, as a

minimum for entry into the occupation;

(c) is a self-employed service supplier who is engaged in the supply of a contracted service, where the

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Professional or Technician has a service contract from a juridical person located in Chile; and

(d) receives remuneration from a person of Chile.

Independent professionals and technicians who enter Chile shall be deemed to be engaged in activities

which are in Chile‟s interest.






Independent Professionals and Technicians and their family dependents may freely enter and leave Chile

without having to apply for separate re-entry permissions for the duration of their visas, on the basis of

reciprocity.

A family dependent (spouse, parent or offspring) of an Independent Professionals and Technicians will be

granted a visa as a dependent, but will not be allowed to undertake remunerated activities. Nevertheless, a

family dependent may be permitted to perform a remunerated activity in Chile, upon a separate application

under this Agreement or the general immigration rules, for their own visa as non-dependent. The

application can be submitted and processed in Chile.

D. Contractual Service Suppliers Contractual Service Supplier means a business person engaged in a specialty occupation who:

(a) has theoretical and practical application of a body of specialised knowledge;

(b) has attainment of a post-secondary degree, requiring four or more years of study for professionals and

two or more years of study for technicians, or the equivalent of such a degree or technical qualification, as

a minimum foe entry into the occupation;

(c) is engaged in the supply of a contracted service as an employee of a juridical person that has no

commercial presence in Chile, where the juridical person obtains a service contract from a juridical person

located in Chile; and

(d) is required no remuneration from a juridical person located in Chile.

Contractual Service Suppliers who enter Chile shall be deemed to be engaged in activities which are in

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Chile‟s interest.






Contractual Service Suppliers and their family dependents may freely enter and leave Chile without having

to apply for separate re-entry permissions for the duration of their visas, on the basis of reciprocity.

A family dependent (spouse, parent or offspring) of a Contractual Service Suppliers will be granted a visa as

a dependent, but will not be allowed to undertake remunerated activities. Nevertheless, a family dependent

may be permitted to perform a remunerated activity in Chile, upon a separate application under this

Agreement or the general immigration rules, for their own visa as non-dependent. The application can be

submitted and processed in Chile.

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II. SECTOR-SPECIFIC COMMITMENTS

1. BUSINESS SERVICES

A. Professional Services

Without prejudice to what is establishedd in Section I (Horizontal Commitments), suppliers of the professional

services included in this Schedule may be subject to assessment by the competent authorities in connection

with which they must show that they fulfil the requirements designed to ensure that they perform competently

in the sector.

a. International legal services2

i. Advisory services on matters of

international law and foreign law.

(part of CPC 86190)

(1) None

(2) None

(3) None

(4) Unbound, except as indicated in the horizontal

section.

(1) None

(2) None

(3) None

(4) Unbound, except as indicated in the

horizontal section.

ii. Arbitration and mediation/conciliation

services

(CPC 86602)

(1) None, except for arbitration proceedings which, under

Chilean legislation, fall within the sole jurisdiction of

the national arbitration courts or may be heard by

legal arbitrators.

(2) None, except for arbitration proceedings which, under

Chilean legislation, fall within the sole jurisdiction of

the national arbitration courts or may be heard by

legal arbitrators.

(1) None, except for arbitration proceedings

which, under Chilean legislation, fall within

the sole jurisdiction of the national

arbitration courts or may be heard by legal

arbitrators.

(2) None, except for arbitration proceedings

which, under Chilean legislation, fall within

the sole jurisdiction of the national

arbitration courts or may be heard by legal

2 Refers solely and exclusively to matters relating to international and foreign law. If an advisory service involves an appearance before a Chilean court of justice or administrative body,

then this must be conducted by a lawyer authorized to practise in Chile who fulfils the requirement of being a Chilean national. The same requirement must be fulfilled whenever there is a

need for a written instrument to be submitted or a formal procedure carried out before the above-mentioned court or administrative body. The provision of advisory services does not confer

the right to use the title of Attorney and therefore does not include representation or advisory services in contentious or non-contentious matters.

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(3) Unbound

(4) Unbound, except as indicated in the horizontal section.

arbitrators.

(3) Unbound


section.

iii. Other legal services

(CPC 861)

(1), (3) None, except:

Justice ancillaries (auxiliares de la administración de

justicia) must be resident in the same place or city as

the court for which they render service.

Receivers in bankruptcy (síndicos de quiebra) must

have no less than three years‟ experience in

commercial, economic or legal areas and must be duly

authorised by the Minister of Justice, and they can

only work in their place of residence.

(2) None



Public defenders (defensores públicos), public

notaries (notarios públicos) and custodians

(conservadores) must be Chilean and fulfil the

same requirements that are needed to become a

judge.

Archivists (archiveros) and arbitrators at law

(árbitros de derecho) must be lawyers and,

consequently, Chilean nationals.

Only Chilean nationals with the right to vote

and foreigners with permanent residence and

the right to vote can act as registrars

(receptores judiciales) and court attorneys

(procuradores del número).

Only Chilean nationals and foreigners with

permanent residence in Chile or Chilean legal

persons may be public auctioneers (martilleros

públicos).

Receivers in bankruptcy (síndicos de quiebras)

must have technical or professional

qualifications granted by a university, a

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professional institute or a technical training

centre recognized by the State of Chile.

Only Chilean and foreign nationals with

residence in Chile, who have completed the

totality of their legal studies in Chile, shall be

authorised to practice as lawyers (abogados).

Only lawyers shall be authorised to plead a

case in Chilean courts and each party‟s first

legal action or claim must be filed by a lawyer

duly qualified to practise law. Among others,

the following documents shall be drawn up

solely by lawyers: drafting of articles of

incorporation and amendments thereto, mutual

termination of obligations or liquidation of

corporations, liquidation of community

property between spouses, distribution of

property, articles of incorporation of legal

persons, of associations of irrigation channel

members, of cooperative associations,

contracts governing financial transactions and

contracts regarding the issue of bonds by

corporations, and requests regarding the

granting of legal personality to corporations

and foundations.

(2) None


horizontal section.

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b. Accounting, auditing and bookkeeping

services3:

i. Financial auditing services

(CPC 86211)

(1), (3) none, except:

External auditors of financial institutions must be

inscribed in the registers for external auditors of the

Superintendencia de Bancos e Instituciones Financieras

(Superintendence of Banks and Financial Institutions) and

of the Superintendencia de Valores y Seguros

(Superintendence of Securities and Insurance). Only legal

persons legally incorporated in Chile as partnership

(sociedades de personas) or associations, and whose main

line of business is auditing services, may be registered.

(2) None.


section.

(1) None

(2) None

(3) None


horizontal section.

ii. Accounting review services

(CPC 86212)

(1) Unbound

(2) Unbound

(3) None

(1) Unbound

(2) Unbound

(3) None

3 Financial statements must be endorsed by a professional legally authorised to practise in Chile.

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section.


horizontal section.

c. Taxation services

(CPC 863)

(1) None

(2) None

(3) None


section.

(1) None

(2) None

(3) None


horizontal section.

d. Architectural services

i. Advisory and pre-design architectural

services

(CPC 86711)

ii. Architectural design services

(CPC 86712)

(1) None

(2) None

(3) None


section.

(1) None

(2) None

(3) None


horizontal section.

e. Engineering services:

i. Advisory and consultative engineering

services

(CPC 86721)

(1) None

(2) None

(3) None


section

(1) None

(2) None

(3) None


horizontal section

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ii. Engineering design services for

industrial processes and production

(part of CPC 86725)

(1) None

(2) None

(3) None


section

(1) None

(2) None

(3) None


horizontal section

iii. Engineering design services relating to

sanitary works

(CPC 86726)

(1) None

(2) None

(3) None


section

(1) None

(2) None

(3) None


horizontal section

f. Integrated Engineering Services:

Integrated engineering services for energy

services

(CPC 86733)

(1) None

(2) None

(3) None


section.

(1), (2) and (3) Unbound for anthropological,

archaeological and palaeontological studies,

research or any other activity conducted in the

200-nautical-mile maritime zone under national

jurisdiction and studies in border areas.


section, in which case the restrictions for Modes

1, 2 and 3 apply.

g. Urban planning and landscape

architectural services

(1) None (1) None

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(CPC 8674) (2) None

(3) None


section

(2) None

(3) None


horizontal section

i. Veterinary services

(CPC 932)

(1) None

(2) None

(3) None


section

(1) None

(2) None

(3) None


horizontal section

j. Services provided by midwives, nurses,

physiotherapists and para-medical

personnel

(CPC 93191)

(1) None

(2) None

(3) None


section

(1) None

(2) None

(3) None


section

B. Computer and Related Services

a. Consultancy services related to the

installation of computer hardware

(CPC 841)

b. Software implementation services

(CPC 842)

c. Data processing services

(CPC 843) (for the purposes of the entire

(1) None

(2) None

(3) None


(1) None

(2) None

(3) None


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section, other than data-processing

services for financial services)

e. Other

(CPC 845)

section horizontal section

C. Research and Development Services

a. Research and development services on

natural sciences

(part of CPC 851)

(part of CPC 853)

(part of CPC 86751)

(1) and (3) None, except:

The Directorate of Borders and Frontiers may stipulate

that an expedition include one or more representatives of

relevant Chilean activities. These representatives would

participate in and learn about the studies and their scope.

The Directorate of Borders and Frontiers may authorize

or refuse geographical explorations in Chile of any kind

planned by foreign legal or natural persons.

(2) None


section


Foreign natural or legal persons intending to

conduct research in the 200-mile maritime zone

under national jurisdiction must obtain an

authorization from the Instituto Hidrográfico de

la Armada de Chile (Hydrographic Institute of

the Chilean Army), in accordance with the

relevant regulation. For this purpose, they must

submit a request at least six months in advance

of the date on which the research is intended to

start

The Directorate of Borders and Frontiers may

authorize or refuse geographical explorations in

Chile of any kind planned by foreign legal or

natural persons.

(2) None


horizontal section

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b. Research & Development in social

sciences and humanities

(CPC 852)

(CPC 853)

(1) None

(2) None

(3) None

(4) Unbound, except as indicated in the horizontal section


Foreign natural or legal persons intending to carry

out excavations, surveys, probings and/or collect

anthropological, archaeological and

paleontological material, must apply for a permit

from the Consejo de Monumentos Nacionales

(Council of National Monuments). As a

precondition for granting such permit the person

in charge of the research must belong to a reliable

foreign scientific institution and be working in

collaboration with a Chilean state-owned

scientific institution or a Chilean university.

Such permits may be granted to Chilean

researchers having the appropriate scientific

background in archaeology, anthropology or

palaeontology, duly certified, and who have a

research project and appropriate institutional

sponsorship; and to foreign researchers, provided

that they belong to a reliable scientific institution

and work in collaboration with a Chilean state-

owned scientific institution or Chilean University.

The curators and directors of museums

acknowledged by the Consejo de Monumentos

Nacionales, professional archaeologists,

anthropologists or palaeontologists, as

appropriate, and members of the Sociedad

Arqueológica de Chile (Chilean Archaeological

Society) shall be authorised to perform salvage-

related work. Salvage involves the urgent

recovery of archaeological, anthropological or

paleontological data or species threatened by

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imminent loss.

(2) None


horizontal section

D. Real Estate Services

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a. Real-estate services involving own or

leased property

(CPC 821)

(1) None

(2) None

(3) None


section.

(1) None

(2) None

(3) None


horizontal section.

b. Real-estate services on a fee or contract

basis

(CPC 822)

(1) None

(2) None

(3) None


section.

(1) None

(2) None

(3) None


horizontal section.

E. Leasing Services (without operator)

a. Leasing or rental services concerning

aircraft (without operator)

(CPC 83104)

(1) Unbound

(2) Unbound

(3) None


section.

(1) Unbound

(2) Unbound

(3) None


horizontal section.

b. Leasing or rental services concerning

agricultural machinery and equipment

(without operator)

(CPC 83106)

(1) Unbound

(2) Unbound

(3) None


(1) Unbound

(2) Unbound

(3) None (4) Unbound, except as indicated in the

horizontal section.

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c. Leasing or rental services concerning

construction machinery and equipment

(without operator)

(CPC 83107)

(1) Unbound

(2) Unbound

(3) None


1) Unbound

(2) Unbound

(3) None


horizontal section.

F. Other Business Services

a. Advertising services

(CPC 871)

(1) None

(2) None

(3) None


section.

(1) None

(2) None

(3) None


horizontal section.

b. Market research and public opinion

polling services

(CPC 864)

(1) None

(2) None

(3) None


section.

(1) None

(2) None

(3) None


horizontal section.

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c. Management Consulting Services

General management consulting services

(CPC 86501)

(1) None

(2) None

(3) None


section.

(1) None

(2) None

(3) None


horizontal section

Financial management consulting services

(CPC 86502)

(1) Unbound

(2) Unbound

(3) None


section.

(1) Unbound

(2) Unbound

(3) None


horizontal section.

Marketing management consulting

services

(CPC 86503)

(1) None

(2) None

(3) None


section.

(1) None

(2) None

(3) None


horizontal section

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Production management consulting

services

(CPC 86505)

(1) None

(2) None

(3) None


section.

(1) None

(2) None

(3) None


horizontal section.

Human resources management consulting

services

(CPC 86504)

(1) None

(2) None

(3) None


section.

(1) None

(2) None

(3) None


horizontal section.

Public relations services

(CPC 86506)

(1) None

(2) None

(3) None


section

(1) None

(2) None

(3) None


horizontal section.

f. Services incidental to agriculture,

hunting and forestry

(CPC 881)


Persons owning weapons, explosives or similar substances

must apply for registration to the appropriate supervisory

authority (autoridad fiscalizadora) for their place of

domicile, which will carry out a check. For this purpose, a

request must be submitted to the Dirección General de

Movilización Nacional del Ministerio de Defensa (General

Directorate of National Mobilisation of the Defence

(1) None

(2) None

(3) None


section.

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Ministry).

(2) None


section.

h. Services incidental to mining

(CPC 883) (1) None

(2) None

(3) None


section.

(1) None

(2) None

(3) None


section.

i. Services incidental to the manufacture of

metal products, machinery and equipment

(CPC 885)

Except Manufacture of electrical machinery

and apparatus n.e.c., on a fee or contract

basis (CPC 8855) and Manufacture of

medical precision and optical instruments,

watches and clocks, on a fee or contract

basis. (CPC 8857)

(1) None

(2) None

(3) None


(1) None

(2) None

(3) None


section.

Manufacture of textiles, wearing apparel

and leather products on a fee or contract

basis (CPC 8842)

(1) None

(2) None

(3) None


(1) None

(2) None

(3) None


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section.

Manufacture of other non-metallic mineral

products, on a fee or contract basis

(CPC 8848)

(1) None

(2) None

(3) None


(1) None

(2) None

(3) None


section.

n. Maintenance and repair of equipment

(not including vessels, aircrafts, or other

transport equipment.

(CPC 633)

(1) None

(2) None

(3) None


(1) None

(2) None

(3) None


section.

o. Building-cleaning services

(CPC 874)

p. Photographic services

(CPC 875)

(1) None

(2) None

(3) None


(1) None

(2) None

(3) None


section.

q. Packaging services

(CPC 876) (1) None

(2) None

(3) None


(1) None

(2) None

(3) None


section.

r. Printing and publishing services

(CPC 88442) (3) None, except:

Any newspaper, magazine, or periodical with editorial

(3) None, except:

The owner of any newspaper, magazine or

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direction in Chile must have a responsible director and a

person to replace him, who must both be Chilean nationals

with domicile and residence in Chile.

(1) and (2) None.


periodical with an editorial address in Chile, or

national news agency, must be Chilean with

domicile and residence in Chile. An owner who is a

legal person or a joint ownership (comunidad) shall

be considered Chilean if 85 percent of the equity

capital or rights in the joint ownership belong to

Chilean natural or legal persons. For these

purposes, a Chilean legal person is an organisation

with 85 percent of its capital in Chilean property.

(1) and (2) None.


section.

s. Convention services

(1) None

(2) None

(3) None


(1) None

(2) None

(3) None


section.

2. COMMUNICATION SERVICES

B. Courier Services

Services related to the handling1of postal

items2

according to the following list of

subsectors, whether for domestic or foreign

(1), (2), (3) – None, except that under Supreme Decree

(Decreto Supremo) N°5037 of November 1960 of the

Ministerio del Interior (Ministry of Internal Affairs) and

Decree with Force of Law (Decreto con Fuerza de Ley) N°

(1) None

(2) None

(3) None


1The term “handling” should be taken to include admission (admisión), transport (transporte) and delivery (entrega).

2“Postal item” refers to items handled by any type of commercial operator, whether public or private.

24

destinations:

(i) Handling of addressed written

communications on any kind of physical

medium3, including

- Hybrid mail service

- Direct mail

(ii) Handling of addressed parcels and

packages4

(iii) Handling of addressed press products5

(iv) Handling of items referred to in (i) to

(iii) above as registered or insured mail

(v) Express delivery services6

for items

referred to in (i) to (iii) above

(vi) Handling of non-addressed items

(vii) Other services not elsewhere specified

10 of 30 January 1982 of the Ministerio de Transporte y

Telecomunicaciones (Ministry of Transports and

Telecommunications) or its successors, the State of Chile

may exercise, through the Postal Services of Chile

(Empresa de Correos de Chile), a monopoly on the

admission, transport and delivery of postal items (objetos

de correspondencia). Postal items shall mean letters,

simple and postage-paid postcards, business papers,

newsletters and printed matters of all kinds, including

printed matter in Braille, merchandise samples, small

packages up to one kilo and special postal services

consisting in the recording and delivery of sound messages

(fonos postales).


section.

3 E.g. letter, postcards.

4 Books, catalogues are included hereunder.

5 Journals, newspapers, periodicals.

6Express delivery services may include, in addition to greater speed and reliability, value added elements such as collection from point of origin, personal delivery to

addressee, tracing and tracking, possibility of changing the destination and addressee in transit, confirmation of receipt.

25

C. Telecommunications services

In the case of private services the purpose of which is to

meet the specific telecommunications needs of particular

enterprises, entities or persons by prior agreement, the

supply of these services does not give access to traffic

from or to public telecommunications network users.

Basic Telecommunication Services

Telecommunications services consist of

the transport of electromagnetic signals

(sound, data, image and any combination

thereof), regardless of the type of

technology used.

This definition does not cover the

economic activity consisting of the

provision of a service the content of which

requires the use of telecommunications

services for its transport. The provision of

a service the content of which is

transported via telecommunications

services is subject to the terms and

conditions established for that sector,

subsector or activity in Chile's Schedule of

Specific Commitments.

Chile's Schedule of Commitments

excludes basic local telecommunications

services, one-way satellite transmissions of

Direct-to-Home and Direct-Broadcast-

Satellite television services and digital

audio services. It also excludes free

reception broadcasting services.

It includes only international and domestic

long-distance basic telecommunications

services:

26

a. Voice telephone services

(CPC 7521)

b. Packet-switched data transmission

services

(CPC 7523**)

c. Circuit-switched data transmission

services

(CPC 7523**)

d. Telex services

(CPC 7523**)

e. Telegraph services

(CPC 7522)

f. Facsimile services

(CPC 7521** + 7529**)

g. Private leased circuit services

(CPC 7522** + 7523**) Other: Domestic

and international satellite services and

satellite links/capacity.

Mobile/cellular services: personal

communications services, paging

services, mobile data transmission

services.

(1) None

(2) None

(3) Subject to a concession, licence or permit from the

Undersecretariat for Telecommunications (SUBTEL). A

supplier providing a (domestic and international)

long-distance telephone service must be an open

corporation.


section.

(1) None

(2) None

(3) None


horizontal section

Value-Added Services

27

f. Facsimile

h. Electronic mail

i. Voice mail

j. On-line information retrieval

k. Electronic data interchange

m. Code and protocol conversion. n. a.

n. Data processing

(1) None

Subject to a correspondent agreement with an

international services concessionaire.

(2) Unbound

(3) Subject to obtaining a permit. Contract with a public

service concessionaire. Complementary service

authorization from the Undersecretariat for

Telecommunications (SUBTEL).


section.

(1) None

(2) Unbound

(3) None


horizontal section.

Private Leased Circuits

Voice telephone service

Data transmission

Electronic mail

(1) Unbound *

(2) Unbound

(3) Subject to the granting of limited service.


section.

(1) Unbound *

(2) Unbound

(3) None


horizontal section.

3. CONSTRUCTION AND RELATED

ENGINEERING SERVICES

(CPC 511 to 518)

(1), (3) Unbound, except that the criteria in Article 3 (2)

on market access shall be applied on the basis of

national treatment.

(2) None


section.

(1) None

(2) None

(3) None


horizontal section.

4. DISTRIBUTION SERVICES

A. Commission agents‟ services

(CPC 621)

(1) None

(2) None

(3) None


section.

(1) None

(2) None

(3) None


horizontal section.

28

B. Wholesale trade services

(CPC 622)

(CPC 61111)

(CPC 6113)

(CPC 6121)

(1) None

(2) None

(3) None


section.

(1) None

(2) None

(3) None


horizontal section.

C. Retailing services

(CPC 632)

(1) None

(2) None

(3) None


section.

(1) None

(2) None

(3) None


horizontal section.

D. Franchising

(CPC 8929) (1) None

(2) None

(3) None


(1) None

(2) None

(3) None


section.

5. EDUCATION SERVICES (92):

C. Post-secondary technical and vocational

education services

(CPC 9231)

(1) None

(2) None

(3) None, except a specific legal entity may be required.


(1) None

(2) None

(3) None


section.

D. Adult education services n.e.c.

(CPC 924)

(1) None

(2) None

(3) None, except a specific legal entity may be required.


(1) None

(2) None

(3) None


section.

29

6. ENVIRONMENTAL SERVICES

(CPC 940)

(1), (3) Unbound, except that the criteria in Article 3

market access shall be applied on the basis of national

treatment.

2) None

4) Unbound, except as indicated in the Horizontal

Commitments.

(1) None

(2) None

(3) None


section.

Consultancy services on environmental

services (1) None

(2) None

(3) None


(1) None

(2) None

(3) None


section.

9. TOURISM AND TRAVEL RELATED

SERVICES

A. Hotels and Restaurants (including

catering)

(CPC 641)

(CPC 642)

(CPC 643)

(1) None

(2) None

(3) None


section.

(1) None

(2) None

(3) None


section.

B. Travel agency and tour

operator services Travel agencies and tour

operators

(CPC 74710)

(1) None

(2) None

(3) None


(1) None

(2) None

(3) None


horizontal section.

C. Tourist guide services

(CPC 74720) (1) Unbound *

(2) None

(3) None


(1) Unbound *

(2) None

(3) None


30

section.

10. RECREATIONAL, CULTURAL AND

SPORTING SERVICES

D. Sporting and other recreational services

(CPC 9641)

1) 2) and 3) None, except that a specific type of legal

entity may be required for sporting organisations that

develop professional activities. In addition, on a National

Treatment basis: i) it is not permitted to participate with

more than one team in the same category of a sport

competition, ii) specific regulations may be established on

equity ownership in sporting companies; iii) minimal

capital requirement may be imposed.

4) Unbound, except as indicated in the Horizontal

Commitments

(1) None

(2) None

(3) None


E. Others

(CPC 96499) (1) None

(2) None

(3) None


(1) None

(2) None

(3) Persons owning weapons, explosives or similar

substances must apply for registration to the

appropriate supervisory authority (autoridad

fiscalizadora) for their domicile, which will

carry out an inspection. For this purpose, a

request must be submitted to the Dirección

General de Movilización Nacional

(Directorate-General of National

Mobilisation) of the Ministry of Defence.


section.

11. TRANSPORT SERVICES

Air Transport Services

a. Selling and marketing of air transport (1) None (1) None

31

services

(2) None

(3) None


(2) None

(3) None


section.

b. Aircraft repair and maintenance services

(CPC 8868)

(1) None

(2) None

(3) None


(1) None

(2) None

(3) None


section.

c. Computer reservation system (CRS)

services

(1) None

(2) None

(3) None


section.

(1) None

(2) None

(3) None


section.

d. Ground Handling (1) Unbound *

(2) None

(3) None


section.

(1) Unbound *

(2) None

(3) None


section.

e. Airport Operation

(1) Unbound *

(2) None

(3) Unbound


section.

(1) Unbound *

(2) None

(3) None


section.

32

f. Specialty Air Services (1) None

(2) None

(3) Unbound


section.

(1) None

(2) None

(3) Unbound


section.

F. Road Transport Services

b. Freight Transportation

(CPC 7123)

(1), (2), (3), None, except for the international road

transportation, as established in the Agreement on

International Road Transportation („Acuerdo sobre

Transporte Internacional Terrestre) adopted by Chile,

Argentina, Bolivia, Brazil, Paraguay, Peru and

Uruguay.


(1) None

(2) None

(3) Unbound


section.

c. Rental of commercial vehicles with

operator

(CPC 71222 – Rental services of passenger

cars with operator)

(1) None

(2) None

(3) None


section.

(1) None

(2) None

(3) None


horizontal section.

d. Maintenance and repair of road transport

equipment

(CPC 6112 – Maintenance and repair

services of motor vehicles)

(1) None

(2) None

(3) None


section.

(1) None

(2) None

(3) None


horizontal section.

.

e. Supporting services for road transport

services

(CPC 7441 – Bus station services)

(1) None

(2) None

(1) None

(2) None

33

(3) None


section.

(3) None


horizontal section.

G. Pipeline Transport

a. Transportation of fuels

(CPC 7131) (1), (2), (3) None, except that the service has to be

supplied by legal persons established under Chilean law

and that the supply of the service may be subject to a

concession on a national treatment basis.


(1) None

(2) None

(3) None


horizontal section.

b. Transportation of other goods

(CPC 7139) (1), (2), (3) None, except that the service has to be

supplied by legal persons established under Chilean law

and that the supply of the service may be subject to a

concession on a national treatment basis.


section.

(1) None

(2) None

(3) None


horizontal section.

H. Services Auxiliary to All Modes of

Transport

a. Cargo handling services

(CPC 748)

(CPC 749)

(CPC 741)

(1) None

(2) None

(3) None


section

(1), (2), (3) None, except that only nationals may

act as customs agents or brokers.


section.

b. Storage and warehouse services

(CPC 742)

(1) None

(2) None

(3) None


section

(1) None

(2) None

(3) None


horizontal section

c. Freight transport agency services

(CPC 748) (1) None

(2) None

(3) None

(1) None

(2) None

(3) None

34


section


horizontal section

.

Documents

Annex 8-A: Schedules of Specific Commitments Part II: Schedule …fta.mofcom.gov.cn/chiletwo/xieyi/fujian8_A_02_en.pdf · iii. Original ethnic groups Nothing in this Schedule may